R 69 PARTITION 2 stages: Determination of existence of co-ownership and Partition

Indispensable parties: ALL CO-OWNERS

NO MANDATORY STAGE OF APPOINTMENT OF COMMISSIONER
Pag nagkasundo, compromise agreement. If
It will ONLY take place when the parties do not agree to stipulate adopted by the court, there will be compromise
judgment
Pag di nagkasundo, magcocommissioner
Rosario v Rosario Department of Agrarian Reform does not have jurisdiction over partition of properties
There is a case for partition, however, it was dismissed for failure to prosecute;
Quintos v Decolas
adjudication on the merits meaning with prejudice. Nagkasundo, nagkaron ng
(2014)
agreement. Initially sinunod pero eventually hindi na sinunod
Action for queting of title was instituted. Counterclaim for partition was initiated
CC for partition was not barred by prior judgment.
While the court agrees that the first action is with finality and that it was dismissed with
prejudice; but dismissal with prejudice cannot affect the substantive right of an owner to
partition at any time provided that there is no actual adjudication of ownership yet
Jurisdiction: Real: assessed; Personal: residence
If combination: joinder of causes of action for as long as 1 goes with RTC, and rules on
venue are respected
If a property cannot be partitioned, it will be sold, and the proceeds of which will be
divided with the co-owners
IF one of the co-owners did not receive anything, 1. null and void judgment since he is
an indispensable party, 2. "paramount rights cannot be prejudiced"
EJP: no will, no debts, if there are minors, they are represented by guardians ad litem
1. EJP -- reflected in a notarized instrument
2. If only one heir, affidavit of self-adjudication
3. If there is a stipulation in an action for judicial partition, it is treated as extra-judicial
partition and therefore, it requires publication
Mortgage jurisdiction: it involves intereset therefore it is dictated by assessed value
R70 SUMMARY PROCEDURE
When demand letter is necessary:
1. FE-- demand letter not necessary

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 2. UD-- demand letter necessary
Demand letter should state "to comply and vacate" or "pay and vacate"
Cebu Automatic Mere failure to pay rents due to violation of the terms of the lease does not automatically
Motors v General render a person's possession unlawful; further, giving of demand must be alleged in the
Milling complaint otherwise MTC will not acquire jurisdiction over the case
If it merely informs the recipient that he had terminated the lease based on the violation
of the terms of agreement; in order words: the letter did not demand compliance with the
terms of the lease.
Once MTC decides a case, it is executory 19 rule 70, even if executory if appeal is filed Supersedeas bond covers the unpaid rentals from
Air Transport Office within reglamentary period and supersedeas bond is posted as well, and thereafter pay the time of the breach or non-payment until the
v CA on the monthly baiss the rentals with the appellate court, the judgment will not be judgment; kaya nga pinagbabayad buwan buwan it
executed on-- it will be stayed is equivalent to rentals for succeeding months
RTC: not stayed by an appeal UNLESS otherwise ordered by the RTC in its discretion
SUSPENDED or MODIFIED
Unless you are able to get with the CA a temporary restraining order or a preliminary
Benedicto v CA
injunction
RTC's judgment in an ejectment case is not a discretionary execution since it is already
executory
MR of Ja JUDGMENT in an ejectment case is a pprohibited pleadings
MR of an interlocutory order is allowed
Counting of 1 year: Demand made in 2001, 2005 August: demand, 2006 January: filed
Counting of 1 year from last demand
action
PTA v Hersentiel
Important allegations in FE:
(2013)
In an action of FE plaintiff must prove that he was in PRIOR POSSESSION and that the
defendant deprived him of his possession by FITSS; no demand letter necessary
Unlawful entry excluding therefrom the prior possessor would necessarily imply the use
Kahit wala actual and physical force
of force
In order to constitute force, the trespasser need not constitute a state of war
Acts of unlawfully entering the premises, erecting a structure, and excluding the prior
Arbiso v Santillan
possessor would necessarily imply force; allegation of force and violence would suffice
If there is a dispute with respect to ownership, the MTC may determine on the matter of
Corpuz v Agustin ownership is allowed to determine who is entitled to possession; not res judicata, only
provisional determination
CONTEMPT Direct-- act of disrespect in the presence of the court or so near the judge

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 e.g. raise hand for oath, refused, direct
Letter dated Atty. Any baseless or unfounded accusations directed towards a judge made in a pleading
Noel Soreda constitutes direct contempt
Makes face, covers ears in the presence of judge-- direct
DIRECT: summary (no notice and hearing) MEANING no opportunity to be heard galitin
INDIRECT CONTEMPT: notice and hearing!!!
mo ko impose ako penalty BUT THERE IS STILL REMEDY
RTC or higher court: fine of not exceeding 2k Pesos or imprisnonment of 10 days! not exceeding 30k; not exceeding 6 months
MTC: fine not exceeding 200 pesos and imprisonment of 1 day! not exceeding 5k; not more than 1 month
INITIATED thru 1. verified petition filed and
docketed separately; so may principal case and
indirect case with the option to consolidate; the only
instance same court, if motu proprio
2. motu proprio upon a formal charge
e.g. I learned that u did not obey the order of the
court you are hereby instructed to explain within 48
hours
ANY VIOLATION OF A WRIT ORDER OR
ACT OF DISOBEDIENCE IN THE PRESSENCE OF COURT OR JUDGE
PROCESS OF A COURT
MADE REPRESENTATION THAT YOU ARE A
LAWYER BUT IN FACT U R NOT
OR AUTHORIZED BY CLIENT BUT IN TRUTH
YOU ARE NOT
Performed acts that directly or indirectly impede
administration of justice
Any violation or disobedience of processes of court
Non-compliane with subpoena
Disrespect not falling in direct contempt
Remedies Ceritiorari or prohibition; 60 days to prepare for it Appeal
BOTH ARE EXECUTORY; TO STOP YOU WILL
BOTH ARE EXECUTORY; TO STOP YOU WILL HAVE TO POST A BOND
HAVE TO POST A BOND
CLEAR AND
PRESENT
DANGER

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 Lumabas sa TV patrol, may napatay. Dinedemanda nila ay military officer so nagvevent
Marantan v Diokno
out sila na walang justice, na nagtatagal na.
Court: as important as maintenance of freedom of speech, the importance of
independent judiciary. The C&PDR may ai serve as an aid the proper constitutional
boundary between these two rights: freedom of speech and independence of judiciary
Evil consequent of comment is extremely serious and that the degree of imminence is
really high
Contempt for quasi- IF the QJ agency has an internal rule then that internal rule will have to apply; however,
judicial agencies if no rule on contempt then ROC will have suppletory application; may file with RTC
NLRC has own rules, ROC will not apply
Inuturan v Limsiaco It is only the judge who ordered imprisonment for contempt may order his release
Criminal v Civil
Criminal: purpose primarily for punishment Civil: purpose is compensatory or remedial
Contempt
Lorenzo Shipping v THE DOMINANT PURPOSE is to enforce
Distribution Assoc vindicate dignity and authority of the court and protect the general public compliance with an order of the court for the benefit
Management of the party in whose favor the order runs
Generally: contempt is not a means of enforcing of judgment
Mean refusal to comply order of court to vacate not sufficient ground to hold him in
contempt bec there is a writ of possession; writ of possession is directed to a sheriff and
not against a judgment debtor
BUT IF ALREADY DISPOSSESSED; then you returned surreptitiously, can beheld for
CONTEMPT
Sec. 9 money, 10
specific act, 11
special judgment R39 special judgment that non-complying party can be liable for contempt RATIO: only a certain person can comply
Officer who disobeys writ of certiorari can be liable for contempt; R65, S9
Graduating medicine students who got mad at the Dean because of the requirements;
oral requirements; med students graduated and got their diploma, and they were able to
SLU v Olaires take their internship in another hospital
St Louie Uni Still the Dean refused to issue certification in their favor;
Filed a case against the Dean and SLU
RTC: in favor of students; required the Dean to comply; issue certification
School: did not issue; students: filed contempt; RTC: cited school contempt
SC: wrong; in contempt, the intent goes to the gravamen of offense, the good faith or
lack of it is considered;

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 A person shall not be held in contempt for what he believes to eb right no matter how
erroneous it is
URGENT MOTION FOR CONTEMPT; did not comply with 3-day notice rule and was
heard immediately; that's why dean and rep of school were not present; SC: wrong no
opportunity to be heard bec litigated motion
Sub judice rule--SC: against Marantan; restricts comments and disclosure pertaining to
judicial proceedings in order to avoid perjudging the issue, influencing the court, or
ibstructing the administration of justice; violation of subjudice rule may hold a person
Marantan v Diokno indirect contempt
Comments of atty and client: not violation of subjudice rule; no attack on dignity of court
only opinions

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 Section 1. Subject matter of special proceedings. — Rules of special proceedings are provided for in the
following cases:
(a) Settlement of estate of deceased persons;
(b) Escheat;
(c) Guardianship and custody of children;
(d) Trustees;
(e) Adoption;
(f) Rescission and revocation of adoption;
(g) Hospitalization of insane persons;
(h) Habeas corpus;
(i) Change of name;
(j) Voluntary dissolution of corporations;
(k) Judicial approval of voluntary recognition of minor natural children;
(l) Constitution of family home;
(m) Declaration of absence and death;
(n) Cancellation of correction of entries in the civil registry.

Section 2. Applicability of rules of civil actions. — In the absence of special provisions, the rules provided for
in ordinary actions shall be, as far as practicable, applicable in special proceedings.

Art. 777, Civil Code: that “the rights to the succession are transmitted from the moment of the death of the
Rule 73
decedent."
IF X's parents died at 8 in the morning, the rights are transmitted at the same time, therefore, at 8 in the
morning as well

However, the share is still not transferred (procedural aspect); but, the substantive aspect is there already

RETROACT AT THE MOMENT OF DEATH

7 Stages in Settlement of Estate Kung intestate, walang will, mas maganda to avoid lengthy procedure; R69 or extrajudicial nalang

If may will, no other choice but to go to court

JURISDICTION It depends on gross value: 300/400k MTC; exceeding-RTC
VENUE Residence of decedent at the time of death

If died in the foreign country, any place in the PH where he had property

If there exists a lot of property located in different places: first court wherein action was first filed; exclude
others
Residence, different from Election Law not domicile or legal residence

e.g. residence in las pinas, died in Tagaytay in his rest house. IT MAY BE FILED IN TAGAYTAY

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INTESTATE CASE filed previously and then
Testate case will take precedence; prioritized
subsequent discovery of will, testate case filed
Probated by the court, and be interpreted

Oriarte Intestate court was given priority; intestate filed in negros, testate file in manila; Court: should be in negros

Ratio: 2nd set of heirs already knew pendency of case in negros

Cuenco Intestate in cebu; another set of heirs filed in QC; Court: qc since they did not know; GR applied
B borrowed money from A, before B was able to pay,
Conjurgal partnership dissolved, no marriage to speak of; file claim in case there is intestate pending; OR
B died. Can A go after C (spouse of B) to collect
initiate testate proceeding
obligation? No.
Section 4. Presumption of death. — For purposes of
settlement of his estate, a person shall be presumed
Art. 390. After an absence of seven years, it being unknown whether or not the absentee still lives, he shall
dead if absent and unheard from for the periods fixed
be presumed dead for all purposes, except for those of succession.
in the Civil Code. But if such person proves to be
The absentee shall not be presumed dead for the purpose of opening his succession till after an absence of
alive, he shall be entitled to the balance of his estate
ten years. If he disappeared after the age of seventy-five years, an absence of five years shall be sufficient in
after payment of all his debts. The balance may be
order that his succession may be opened. (n)
recovered by motion in the same proceeding.

Art. 391. The following shall be presumed dead for all purposes, including the division of the estate among
the heirs:

(1) A person on board a vessel lost during a sea voyage, or an aeroplane which is missing, who has not been
4-year rule heard of for four years since the loss of the vessel or aeroplane;
(2) A person in the armed forces who has taken part in war, and has been missing for four years;

(3) A person who has been in danger of death under other circumstances and his existence has not been
known for four years.

Probate Court Jurisdiction Limitation on probate court's jurisdication

e.g. prop A belongs to estate, X claims that prop A belongs to him; COURT: decides whether prop A should
belong to X or that it be part in the inventory

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 GR: provisional, prima facie, temporary: will never become final third person must file another action i.e.
quieting of title art. 476)

XPN: parties contesting are all heirs, agree any ruling of court shall be final, without prejudice to 3rd parties:
ruling of court on that issue final already, no need to file a separate action

Payment of credits and taxes, expenses, what will be left is net residue; net same court

GR: if the question of ownership will depend on the question of heirship each one claiming she is the
Heirship
exclusive heir of a common ancestor: ordinary court, ordinary action

wangabatan v CA One parcel of land, both parties are claiming that both of them shall be the one owning the prop thru their heir

presented evidence, court: one party; SC: no need for separate special proceeding to resolve the question of
heirship who shall be the rightful heir for one piece of land left by common ancestor

Rule 74 Extra judicial settlement

When 1. no will
2. no creditor

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Section 1. Extrajudicial settlement by agreement
between heirs. — If the decedent left no will and no
debts and the heirs are all of age, or the minors are
represented by their judicial or legal representatives
duly authorized for the purpose, the parties may
without securing letters of administration, divide the
estate among themselves as they see fit by means of
a public instrument filed in the office of the register of
deeds, and should they disagree, they may do so in
an ordinary action of partition. If there is only one heir,
he may adjudicate to himself the entire estate by
means of an affidavit filled in the office of the register
of deeds. The parties to an extrajudicial settlement,
whether by public instrument or by stipulation in a
Personal property requires bond; but if real property, lien automatically
pending action for partition, or the sole heir who
adjudicates the entire estate to himself by means of
an affidavit shall file, simultaneously with and as a
condition precedent to the filing of the public
instrument, or stipulation in the action for partition, or
of the affidavit in the office of the register of deeds, a
bond with the said register of deeds, in an amount
equivalent to the value of the personal property
involved as certified to under oath by the parties
concerned and conditioned upon the payment of any
just claim that may be filed under section 4 of this rule.
It shall be presumed that the decedent left no debts if
no creditor files a petition for letters of administration
within two (2) years after the death of the decedent.
The fact of the extrajudicial settlement or
administration shall be published in a newspaper of
general circulation in the manner provided in the nest
succeeding section; but no extrajudicial settlement
shall be binding upon any person who has not
participated therein or had no notice thereof.
IF they cannot agree, Rule 69-- assessed value

Died intestate, no executor; court appoints administrator; if no will, no creditor, better for parties to agree.
Buchong v Lazo
Iwasan talaga magkaron ng settlement of estate since 7 stages, masyado matagal

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Non-binding on non-participants EJS not binding on non-participants e.g. 4 siblings, only 3 agreed, 1 was not notified; 1 not bound

IT IS ONLY BINDING ON PARTICIPANTS OR THOSE NOTIFIED BUT DID NOT PARTICIPATE

Publication, not in rem Publication comes after settlement; it does not make the settlement binding on non-participants

2 years to annul settlement; after that, no more right

Delgado Case Only one heir, just execute affidavit of self-adjudication
If there are other heirs, and one of the heirs executed affidavit of self-adjudication, such affidavit is void
because THERE MUST BE NO OTHER HEIRS; IN TRUTH AND IN FACT, THERE SHOULD ONLY BE ONE
HEIR
SMALL VALUE Not more than 10k, summary only
10k in 1964 is now 1M

Heirs not included, not notified, REMEDY Action for reconveyance, within 10 years, RATIONALE: IMPLIED TRUST UNDER ART. 1144

Art. 1144. The following actions must be brought within ten years from the time the right of action accrues:
(1) Upon a written contract;

(2) Upon an obligation created by law;

(3) Upon a judgment.

A, B, C, D, E divided estate among themselves excluding F thru fraud; action is imprescriptible; NOT 10
Imprescriptible, IF THROUGH FRAUD
YEARS
IF transferred to an innocent 3rd person, no more remedy EXCEPT ACTION FOR DAMAGES AGAINST THE
IF transferred to their names, sold to a 3rd person
CO-HEIRS

RULE 75
If will is probated and approved by the court, it must be executed; probate and approval is necessary

A probate court is limited to the extrinsic validity of the will

1. due execution--voluntariness, 2. testamentary capacity--sound mind, 3. complied with formal requisites and
Extrinsic validity, elements
solemnities

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 After passing upon the extrinsic validity of the will, only then shall the court inquire into its provisions

One property left by the testator, parents still alive but he did not give anything to his parents; pretirition--
Nuguid v Nuguid
illegal exclusion of heirs
Rendered the whole will void, it will not bother anymore into looking/determining on the outside if the whole
will is valid
Rule 76
Executor (nakapangalan sa will), legatee (binigyan ng personal property, hindi kailangan kamag-anak),
Who may petition
devisee (binigyan ng real property)

When to petition After death, no prescription so long as approved and probated by the court

Jurisdiction depends on the assessed value-- 300/400

Section 4, Personal notice, by mail-- jurisdictional

Contents of petition Statement of facts death, will left, residence of what place within court jurisdiction, etc.

Jurisdictional matters Publication, notice and hearing, 3 weeks newspaper general circulation

Petition filed January 16, set for hearing in March, this shall be published in newspaper of general circulation;
GR
clerk of court will raffle notices and publications in tabloids

XPN Testator the one applied for probate no need for publication
Constructive notice to the whole world, notice of publication
Even if you have not read it, you are presumed to have read it
Evidence presented at the probate of will 1. published, 2. 3x, 3. hearing, 4. testimony, 5. holographic, 5. etc
Holographic Written entirely y the hands of the testator
Sec. 9 GROUNDS
1. Legal formalities- as required by law
2. Testamentary Capacity-insanity, alzheimers

3. Due Execution-under duress, fear, pressure, influence, threat, intimidation

Reprobrate Probate again

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 Probated abroad already but it covers properties of the decedent in the PH that is why reprobrate is
necessary again to be approved by the PH court

The petitioner must present the law and procedure of the foreign country in allowance of will because eshould
Important Points
it not be presented, there will be presumption that the laws are the same

(doctrine of processual presumption)

78 Executor vs Testator
Executor is the one named in the will at the choice of the testator

Testator--appointed by court, if intestate; if testate, named executor, or if named refused

Letter of Administration with Will Annexed (LOAWA) 1. no executor named in the will; or if there is, incompetent, refused, failed to give bond

Letter of Administration The person dies intestate; if there is a will, declared void by the court
Preference in appointment of testator 1. spouse
2. next of kin
3. principal creditors
4. court-appointed
COURT is not bound by precedent/preference by appointment
79
Letters Testamentary I can oppose your appointment as testator/executor, I present myself
Opposition + Petition for LOA (two-pronged attack)
80
While there is still no testator, nobody will take care of the properties. The court will appoint a testator,
Delay, Appeal
temporary caretaker
Appointment, not appealable
Remedy: rule 65; if not appealable, it is certiorarible
Removal of Administration (will not be asked diumano)
86 LT is granted to the executor, LOA is issued to Administrator

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 Court will issue notice to all creditors having money claims to file them in the office of clerk of court

A Court will fix time of filing : min of 6 months max of 12 months

Published time if not waived
However, if late claim, period has already expired; motion to file late claim; if granted, upon receipt of grant of
B
motion, 1 month to file claim
C File claim as a counterclaim;

Statute of Non-Claims Published for 3 weeks, construuctive notice; file claims within period fixed in notice

Kinds of Money Claims filed Contractual money claims, express or implied, due not due contingent
e.g. funeral expenses, hospital

Not only claim, while testator decendent was still alive, creditor filed a case against the decedent, then the
latter died; case will proceed; after judgment, file it with probate court w/o hearing

REMEDY: final judgment on creditor; creditor present his as a money claim

Mandamus not a remedy since mandamus involves ministerial

Judgment for money appealable; ordinary appeal

Creditor has mortgage in his favor; OPTIONS: 1. abandon security, proceed with estate just like any other
Hypo creditor, 2. foreclose mortage 68, if there is deficiency, file, motion 3. extra judicial foreclosure, but cannot file
motion for deficiency, must be separate motion

Time to pay debts NOT MORE THAN 1 YEAR, extendible 6 months if administrator died or resigned

Shekel: Petitioner filed claim 206k for sale of parcel of land as commission; contingent on happening of future
Contingent claim, definition
uncertain event
May be filed against estate
86-- claims for money arising from contract against the estate; all other actions must be filed against executor
86 v 87
or administrator.
90 debts, expense of administration, funeral charges, allowance, tax
GR unless paid, no distribution yet of residue

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XPN Amount of expenses already ascertained provided bond be given
PAYMENT OF DEBTS and other expenses, and delivery of residue to heirs, that is the only time the court
Probate Court, jurisdiction lost
loses jurisdiction
Project of Partition Heirs come up with this in order to aid the court
7 Stages of Settlement of Estate 1. Petition
2. Hearing
3. Court Order-grant of LOA,LT, bond, accounting
4. Claims against Estate-money claims arising from contract
5. Payment of Debts
6. Partition
7. Hearing
91 Based on regalian doctrine, if no claimant, the estate will go t the State
escheat Jurisdiction: gross value; venue: residence of deceased
Filed by RP represented by the Solicitor General
After granting of escheat, heirs arose,they can still recover their property; no knowledge; 5 years to file after
escheat judgment is rendered

Share be given minus the expenses of municipality in maintaining the property

92-97 Guardianship Incompetent who are not minors; if minors, Rules on Guardship of Minords

Ward Cannot take care of self or property because of mental defect

RGM- May 1, 2003; jurisdiction: family court; other than minors: regular court

For the benefit of the adoptee and not of the parent; best interest of the child: material, moral, educational,
Adoption
etc.
ROA: intercountry/domestic ICA: not court who decides but the executive body (ICABoard)
Alien or filipino citizen residing abroad
Filed with the court, court processes application, refers to ICAB
Domestic adoption: family court where adopter resides

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If spouses, joint adoption EXCEPT if LEGITIMATED child of one spouse before marriage and other spouse
wanted to adopt, one spouse wanted to adopt the illegitimate spouse provided that with the consent of the
other spouse, and legally separated

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